Skip to Content

The Secret Scheme To Sabotage Abu-Jamal's Appeal Rights

 

Mumia Abu-Jamal, the internationally recognized American political prisoner, thwarted a Philadelphia judge’s secretive court order that could have eliminated his future appeal rights when he filed a last- minute motion on August 23rd challenging that order sentencing him to life-without-parole.

Most supporters and detractors of Abu-Jamal had been expecting the formal conversion of his controversial death sentence to life-without-parole in the wake of a federal appeals court’s second and final rejection of requests from Philadelphia prosecutors to keep Abu-Jamal on death row back in April 2011.

What was unexpected by Abu-Jamal supporters were the procedures surrounding the secretive court order, which appears to have violated a number of Pennsylvania Rules of Criminal Procedure.

Abu-Jamal’s Pro Se Motion for Post Sentence Relief and Reconsideration of Sentence referenced Rule 720 of Pennsylvania’s Criminal Procedure which states in part that defendants shall “have the right” to make post-sentence motion but that motion must be filed “no later than 10 days after imposition of sentence.”

That secretly issued resentencing order occurred on August 13, 2012, exactly ten days before Abu-Jamal filed his motion.

If that ten-day filing period had expired, undiscovered due to secrecy-shrouded issuance of the resentencing order about which no public notice or notice was provided to Abu-Jamal and his legal team, his legal ability to challenge his continued confinement would have been damaged, including his probable loss of future appeal rights.

Mumia, off death row but fighting to escape life in prison, with attorney Rachel Wolkenstein and his wife Wadiya JamalMumia, off death row but fighting to escape life in prison, with attorney Rachel Wolkenstein and his wife Wadiya Jamal

 

Court rules and common decency require notice of court actions -- both pending and actually taken.

“This is the same backdoor stuff that’s always done to him,” a Mumia attorney, Rachel Wolkenstein, said during an interview outside of Philadelphia’s Criminal Justice Center after delivering Abu-Jamal’s motion.

Philadelphia Preident Judge Judy "Take the Law Into Your Hands" Dembe with her husbandPhiladelphia Preident Judge Judy "Take the Law Into Your Hands" Dembe with her husband
 

Wolkenstein, who has worked on Abu-Jamal's case for over two decades, uncovered that secretly issued judicial order.

She became aware of it during a routine inspection of Philadelphia court records checking to see when a resentencing would occur.

Wolkenstein immediately informed Abu-Jamal and his legal team, all of whom were unaware of the order.

Loading

Find more artists like Dave Lindorff at Myspace Music

This is the video tape of Davis in Lahore police custody


___________________________

___________________________


Watch live streaming video from globalrevolution at livestream.com

Live Stream of the Occupation of Wall Street! The Revolution will be filmed after all! (Courtesy of Globalrevolution)
________________________

Fightin' Cock FlyerFightin' Cock Flyer

Listen as Chuck, John, Dave and Linn Join Prairie Radical Mike Caddell of the Fightin' Cock Flyer on Radio Free Kansas

Here's the link to prairie radio radical Mike Caddell's Radio Free Kansas program, where you can hear the podcast of the whole group interview that was conducted on Saturday, May 8.

Also, listen to Dave Lindorff on Chris Cook's Gorilla Radio on CFEV Radio in Victoria, Canada.

Donate $50 to ThisCantBeHappening.net and get a free signed copy, postage paid, of Dave's classic tome The Case for Impeachment (St. Martin's Press, 2006). Just click on the cover image to go to the Paypal payment page, make your payment, and send a note to Dave calling his attention to the payment, and giving your mail address and the name you want the inscription addressed to.

---------------

Have a comment to make?

You can write us at ThisCantBeHappeningMail@yahoo.com
We may not answer you, but we'll probably read it.



about seo | story